Alaska Statutes

Alaska Stat. § 47.10.990 (2026)

Definitions

✓ current as of July 2026

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Sec. 47.10.990. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “adult family member” means a person who is 18 years of age or older and who is
          (A) related to the child as the child's grandparent, aunt, uncle, or sibling;

          (B) the child's sibling's legal guardian or parent; or

          (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

     (2) “care” means to provide for the physical, mental, and social needs of the child;

     (3) “child” means a person who is
          (A) under 18 years of age;

          (B) 19 years of age if that person was under 18 years of age at the time that a proceeding under this chapter was commenced; and

          (C) under 21 years of age if that person is committed to the custody of the department under AS 47.10.080(c)(1) or (v);

     (4) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

     (5) “commissioner” means the commissioner of family and community services;

     (6) “court” means the superior court of the state;

     (7) “custodian” means a natural person 18 years of age or older to whom a parent or guardian has transferred temporary physical care, custody, and control of the child for a period of time;

     (8) “department” means the Department of Family and Community Services;

     (9) “domestic violence” has the meaning given in AS 18.66.990;

     (10) “family member” means a person of any age who is
          (A) related to the child as the child's grandparent, aunt, uncle, or sibling;

          (B) the child's sibling's legal guardian or parent; or

          (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

     (11) “family support services” means the services and activities provided to children and their families, including those provided by the community, a church, or other service organization, both to prevent removal of a child from the parental home and to facilitate the child's safe return to the family; “family support services” may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation;

     (12) “foster care” means care provided by a person or household under a foster home license required under AS 47.32;

     (13) “gravely disabled” has the meaning given in AS 47.30.915;

     (14) “guardian” means a natural person who is legally appointed guardian of the child by the court;

     (15) “hazardous volatile material or substance” has the meaning given in AS 47.37.270;

     (16) “Indian child” has the meaning given in 25 U.S.C. 1903;

     (17) “Indian child's tribe” has the meaning given in 25 U.S.C. 1903;

     (18) “infant” means a child who is less than 21 days of age;

     (19) “intoxicant” means a substance that temporarily diminishes a person's control over mental or physical powers, including alcohol, controlled substances under AS 11.71, and a hazardous volatile material or substance misused by inhaling its vapors;

     (20) “juvenile detention facility” has the meaning given in AS 47.12.990;

     (21) “mental health professional” has the meaning given in AS 47.30.915, except that, if the child is placed in another state by the department, “mental health professional” also includes a professional listed in the definition of “mental health professional” in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the child is placed;

     (22) “mental illness” has the meaning given in AS 47.30.915;

     (23) “mental injury” has the meaning given in AS 47.17.290;

     (24) “near fatality” means physical injury or other harm, as certified by a physician, caused by an act or omission that created a substantial risk of death;

     (25) “out-of-home care provider” means a foster parent or relative other than a parent with whom the child is placed;

     (26) “parent” means the biological or adoptive parent of the child;

     (27) “permanency hearing” means a hearing
          (A) designed to reach a decision in a case concerning the permanent placement of a child under AS 47.10; and

          (B) at which the direction of the case involving the child is determined;

     (28) “physical injury” has the meaning given in AS 11.81.900(b);

     (29) “reasonable efforts” means, with respect to family support services required under AS 47.10.086, consistent attempts made during a reasonable time period and time-limited services;

     (30) “reasonable time” means a period of time that serves the best interests of the child, taking in account the affected child's age, emotional and developmental needs, and ability to form and maintain lasting attachments;

     (31) “secure residential psychiatric treatment center” has the meaning given “residential psychiatric treatment center” in AS 47.32.900;

     (32) “serious physical injury” has the meaning given in AS 11.81.900(b);

     (33) “sexual abuse” means the conduct described in AS 11.41.410 — 11.41.460; conduct constituting “sexual exploitation” as defined in AS 47.17.290, and conduct prohibited by AS 11.66.100 — 11.66.150;

     (34) “support” has the meaning given in AS 11.51.120(b).

Chapter 12. Delinquent Minors.
Article 1. Juvenile Delinquency.

Notes of Decisions

Cited in 83 cases (16 in the last 5 years), 1992–2025 · leading case: Charles S. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 780 (Alaska 2019).

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Charles S. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 780 (Alaska 2019). · cites it 2× “900(b)(48) ; AS 47.10.990(28) (" '[P]hysical injury' has the meaning given in AS 11.”

Dara S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 426 P.3d 975 (Alaska 2018). · cites it 3× “2014); AS 47.10.990(25) (defining "out-of-home care provider" as "a foster parent or relative other than a parent with whom the child is placed").”

Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS, 461 P.3d 1265 (Alaska 2020). · cites it 2× “087 requires that a court considering institutionalizing a child who is in state custody base a gravely disabled finding on “the testimony of a mental health professional”; AS 47.10.990 provides that the definition of “mental health professional” in AS 47.”

Josephine B. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 174 P.3d 217 (Alaska 2008). · cites it 2× “Minutes of the House Finance Committee hearing on HB 375, May 2, 1998, testimony of Assistant Attorney General Susan Wibker (Tape 98-143, Side A) (stating that the "thrust" of AS 47.”

Amy M. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 320 P.3d 253 (Alaska 2013). · cites it 2× “AS 47.10.990(28). 17 . AS 47.10.088(b). This statute also enumerates the following factors for the court's consideration: (1) the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs; (2) the amount of effort by the parent to…”

Shirley M. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 342 P.3d 1233 (Alaska 2015). · cites it 2× “100(e)(3), (t); AS 47.10.990(1)(A). Rae is Abigail's great-grandmother, and under a technical reading of the statutory definition, Rae is not a statutorily preferred placement.”

Christina J. v. State, Dep't of Health & Soc. Servs., 254 P.3d 1095 (Alaska 2011). “AS 47.10.990(28). 24 . AS 47.05.065(5) (providing for expedited placement of children, especially those under age six).”

State of Alaska, DHSS, OCS v. Zander B & Kelly B. (Foster Parents), 474 P.3d 1153 (Alaska 2020). · cites it 2× “18 AS 47.10.990(1)(A) defines “adult family member” as “a person who is 18 (continued.”

Theresa L. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 353 P.3d 831 (Alaska 2015). · cites it 2× “AS 47.10.990(21); AS 47.17.290(10). 24 . Sherman B.”

Matter of SA, 912 P.2d 1235 (Alaska 1996). · cites it 5× “" The State has argued that subsection (A) covers ability to care because AS 47.10.990(1) states, "`care' or `caring' under AS 47.”

N.A. v. State, 912 P.2d 1235 (Alaska 1996). · cites it 5× “” The State has argued that subsection (A) covers ability to care because AS 47.10.990(1) states, “ ‘care’ or ‘caring’ under AS 47.”

Trevor M. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 368 P.3d 607 (Alaska 2016). “3d 1233, 1240 (Alaska 2015) (quoting AS 47.10.990(28)). 21 . Chloe W. v. State, Dep't of Health & Soc.”

Show all 83 citing cases →

— Alaska Stat. § 47.10.990(1) — 17 cases

Matter of SA, 912 P.2d 1235 (Alaska 1996). “" The State has argued that subsection (A) covers ability to care because AS 47.10.990(1) states, "`care' or `caring' under AS 47.”

N.A. v. State, 912 P.2d 1235 (Alaska 1996). “” The State has argued that subsection (A) covers ability to care because AS 47.10.990(1) states, “ ‘care’ or ‘caring’ under AS 47.”

R.J.M. v. State, 946 P.2d 855 (Alaska 1997).

Blythe P. v. State of Alaska, DHSS, OCS, 524 P.3d 238 (Alaska 2023).

R.R. v. State, 919 P.2d 754 (Alaska 1996).

— Alaska Stat. § 47.10.990(1)(A) — 5 cases

Shirley M. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 342 P.3d 1233 (Alaska 2015). “100(e)(3), (t); AS 47.10.990(1)(A). Rae is Abigail's great-grandmother, and under a technical reading of the statutory definition, Rae is not a statutorily preferred placement.”

State of Alaska, DHSS, OCS v. Zander B & Kelly B. (Foster Parents), 474 P.3d 1153 (Alaska 2020). “18 AS 47.10.990(1)(A) defines “adult family member” as “a person who is 18 (continued.”

Shelly C. v. State of Alaska, DHSS, OCS (Alaska 2020).

Rose D. (Mother) v. State of Alaska, DHSS, OCS (Alaska 2020).

Shirley M. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2015).

— Alaska Stat. § 47.10.990(1)(B) — 2 cases

Laura M.-J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2022).

Kimberly J. v.. State of Alaska, DHSS, OCS (Alaska 2022).

— Alaska Stat. § 47.10.990(1)(C) — 2 cases

Joe G. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2023).

Laura M.-J. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2022).

— Alaska Stat. § 47.10.990(11) — 1 case

Ariel D. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2023).

— Alaska Stat. § 47.10.990(12) — 2 cases

State of Alaska, DHSS, OCS v. Zander B & Kelly B. (Foster Parents), 474 P.3d 1153 (Alaska 2020). “18 AS 47.10.990(1)(A) defines “adult family member” as “a person who is 18 (continued.”

M.J.S. v. State, Dep't of Health & Soc. Servs., 39 P.3d 1123 (Alaska 2002).

— Alaska Stat. § 47.10.990(14) — 1 case

In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021).

— Alaska Stat. § 47.10.990(19) — 1 case

Winston J. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 134 P.3d 343 (Alaska 2006).

— Alaska Stat. § 47.10.990(20) — 1 case

Josephine B. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 174 P.3d 217 (Alaska 2008). “Minutes of the House Finance Committee hearing on HB 375, May 2, 1998, testimony of Assistant Attorney General Susan Wibker (Tape 98-143, Side A) (stating that the "thrust" of AS 47.”

— Alaska Stat. § 47.10.990(21) — 3 cases

Theresa L. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 353 P.3d 831 (Alaska 2015). “AS 47.10.990(21); AS 47.17.290(10). 24 . Sherman B.”

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023).

Ralph H. v. State, Dept. of Health, 246 P.3d 916 (Alaska 2011).

— Alaska Stat. § 47.10.990(23) — 3 cases

Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS, 461 P.3d 1265 (Alaska 2020). “087 requires that a court considering institutionalizing a child who is in state custody base a gravely disabled finding on “the testimony of a mental health professional”; AS 47.10.990 provides that the definition of “mental health professional” in AS 47.”

N.A. v. State, 19 P.3d 597 (Alaska 2001).

NA v. State, 19 P.3d 597 (Alaska 2001).

— Alaska Stat. § 47.10.990(25) — 2 cases

Dara S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 426 P.3d 975 (Alaska 2018). “2014); AS 47.10.990(25) (defining "out-of-home care provider" as "a foster parent or relative other than a parent with whom the child is placed").”

Dara S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2018).

— Alaska Stat. § 47.10.990(26) — 2 cases

Off. of Pub. Advocacy v. Superior Court, Third Jud. Dist., 462 P.3d 1000 (Alaska 2020).

In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021).

— Alaska Stat. § 47.10.990(27) — 3 cases

Dara S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 426 P.3d 975 (Alaska 2018). “2014); AS 47.10.990(25) (defining "out-of-home care provider" as "a foster parent or relative other than a parent with whom the child is placed").”

Dara S. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2018).

Allison O. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2022).

— Alaska Stat. § 47.10.990(28) — 21 cases

Amy M. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 320 P.3d 253 (Alaska 2013). “AS 47.10.990(28). 17 . AS 47.10.088(b). This statute also enumerates the following factors for the court's consideration: (1) the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs; (2) the amount of effort by the parent to…”

Christina J. v. State, Dep't of Health & Soc. Servs., 254 P.3d 1095 (Alaska 2011). “AS 47.10.990(28). 24 . AS 47.05.065(5) (providing for expedited placement of children, especially those under age six).”

Charles S. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 780 (Alaska 2019). “900(b)(48) ; AS 47.10.990(28) (" '[P]hysical injury' has the meaning given in AS 11.”

Trevor M. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 368 P.3d 607 (Alaska 2016). “3d 1233, 1240 (Alaska 2015) (quoting AS 47.10.990(28)). 21 . Chloe W. v. State, Dep't of Health & Soc.”

Emma D. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 322 P.3d 842 (Alaska 2014).

— Alaska Stat. § 47.10.990(29) — 2 cases

Clarice M. (Mother) v. State of Alaska, DHSS, OCS, Perry S. (Father) v. State of Alaska, DHSS, OCS (Alaska 2019).

Violet B. v. State of Alaska, Dep't of Fam. & Cmty. Servs., Off. of Child.'s Servs. (Alaska 2025).

— Alaska Stat. § 47.10.990(30) — 11 cases

Charles S. v. Dep't of Health & Soc. Servs. , Off. of Child.'s Servs., 442 P.3d 780 (Alaska 2019). “900(b)(48) ; AS 47.10.990(28) (" '[P]hysical injury' has the meaning given in AS 11.”

Jean B. (Mother) v. State of Alaska, DHSS, OCS (Alaska 2019).

Gavin F. v. State of Alaska, Dep't of Fam. & Cmty. Servs., Off. of Child.'s Servs. (Alaska 2024).

Jonah B. v. State of Alaska, Dep't of Fam. & Cmty. Servics, Off. of Child.'s Servs. (Alaska 2023).

Nera S. v. State of Alaska, DHSS, OCS (Alaska 2022).

— Alaska Stat. § 47.10.990(31) — 1 case

Rowan B. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 320 P.3d 1152 (Alaska 2014).

— Alaska Stat. § 47.10.990(33) — 1 case

Brad S. (Father) v. State of Alaska, DHSS, OCS (Alaska 2025).

— Alaska Stat. § 47.10.990(4) — 2 cases

State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs. v. Michelle P, 411 P.3d 576 (Alaska 2018).

Jennifer L. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 357 P.3d 110 (Alaska 2015).

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